Loading...
HomeMy WebLinkAbout05/18/94TAPE #1201 UNAPPROVED DRAFT COUNCIL APPROVED JUN 8 1994 CITY COUNCIL MEETING MINUTES MAY 18, 1994 #0032 The regular meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, May 18, 1994, at 5:30 P.M., with Council President Ellsen Fitz presiding. Council members present were Morris Dawkins, Bob Winters, John Law, Sherril Huff-Menees, David Farr, Richard Neville, A1 Colvin, and Lon Overson. Also present were City Attorney Ian Sievers and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Fitz and Invocation given by Reverend Ron Anderson of Manette Community Church. President Fits reported Council concluded an Executive Session prior to the Council meeting where they discussed "potential litigation". Also, portions of the Agenda will be carried over to May 19, 10:00 A.M., as part of the Armed Forces City Hall Day celebration (Items 6A, 6D, and 7B) CONSENT AGENUA A. Minutes of Meeting -- April 27, 1994 #AB94-095 M/S/C/U (Nevil le/Dawkins ) presented. to approve the Consent Agenda as #0058 CLAIMS/WARRANT REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24,090, have been recorded on a listing that had been made available to the Council. M/S/C/U(Colvin/Farr) on May 18, the Council does approve for payment those vouchers included and further described as follows: 175357, 175390 through 175566 in the amount of $263,592.24; and Regular Payroll for the period ending April 30, 1994, in the amount of $642,892.26. COUNCIL MEMBER REPORTS Mr. Farr announced the District #6 Neighborhood meeting is TAPE #1201 City Council Reg. Mtg. Minutes May 18, 1994 Page 2 of 30 scheduled for May 24, 7:00 P.M., at the Bremerton High School. Mr. LaW reported on a successful District #3 Neighborhood meeting, held May 17, where Mayor Horton provided 'an update on the City followed by a good hours discussion on developing a committee to advise the status of the next bridge across the Washington Narrows. Mrs. Huff-Menees reminded District #7 residents that a District Neighborhood meeting is scheduled for May 31, 6:30 - 8:30 P.M., at the Bremerton School District Office on MontgomeryAvenue. At that meeting, presentations will be made by the Bremerton Fire Department, Parks and Recreation Department and Department Of Community Development as well as discussion of those concerns raised by District residents. Mr. C01vin thanked Andy Parypa for the research he did on the sidewalk issue that was discussed at the Council meeting on May 11. He attended the Armed Forces Queens Pageant and was quite impressed with the professional like performance of the candidates. He has requested the State Legislators provide him with some written information on the repair/replacement of the Manette Bridge, which he will distribute to all of the Council members. On Saturday, May 14 he attended a Summit meeting sponsored by the Safe Street Program. He reminded everyone that the District #1 Neighborhood meeting will be held May 19, 7:00 P.M., at the Sheridan Park Recreation Center. Mr. Winters announced on Sunday May 22, 3:00 P.M., at the Roxy Theater a benefit comedy A.L.I.V.E. III be held with all proceeds benefitting the A.L.I.V.E. program. Mrs. Fits stated.today she was one of the commuters who could not get out of Bremerton on a ferry at a time that she needed to be in Seattle. She intends to write a letter to the Ferry System to find out why Southworth and Kingston ferries were on line after they had breakdowns, but Bremerton was not. She noted the 7:50AM ferrywas scheduled to depart at 9:00 AM. PUBLIC RECOGNITION Mayor Lynn Hotton acknowledge the art work displayed on the walls of the Council Chamber, which was created by children participating in the Children's Art Festival held at Olympic College this past weekend. On Wednesday, May 11, she attended the Regional Dance Festival, which involved people from several communities in California, Utah, and Washington. Upcoming events include: May 20, 10:00 AM - 3:00 PM, Annual Open House at the Senior Center; May 21 10:00AMArmed Forces Day Parade and Bremerton Central Lions Club Pancake Breakfast. TAPE #1201 City Council Reg. Mtg. Minutes May 18, 1994 Page 3 of 30 Mayor Horton read into the record a response to Mary Lou long's questions: "Several questions were brought up concerning the Stormwater Program and water rates. Outlined below are responses from the Department of Public Works and Utilities. To be in compliance with State mandates for Stormwater Programs, the City must have an ordinance that addresses runoff control for new and redevelopment, describes operation and maintenance of the City's stormwater system and adopts best management practices (BMPs). The City accomplished this by passing Ordinance #4454, which follows the State model Stormwater Ordinance. The City's Stormwater Program will be managed by staff from the Public Works and Utilities Department. The Engineering DivisiOn is managing a consultant contract to develop the Stormwater Master Plan to be implemented by the Department and staff. Currently, there are requirements to provide water detention and treatment on site with site specific requirements and to follow appropriate BMPs to prevent contaminants from entering the stormwater that reaches Puget Sound". Mayor Herton stated at this time there are no State or Federal regulations that mandates the City to treat separately the stormwaterrunoff. She continued with the letter: "The City's stormwater rate of $4.00 per month per household is similar to rates being charged by other Puget Sound municipalities. Specific questions about the stormwater technical ordinance can be forwarded to Tim Richard, Utility Engineer, at 478-5318. Ms. Long's comment about the summer irrigation rate and the "snow birds" is correct, every residential account that has at least two billing cycles completed is eligible. The averages are computed using all consumptions. If a person leaves in October and returns in May, there average usage would be "0" and therefore would receive only base fee for all sewer charges during the summer. Setting limits have been discussed, but at present such a program is not available. An estimate of 1-2% of customers may fall into this category. The maximum loss per person based on average usage would be $44.00 for an in-city resident and $51.00 for a County resident". Mayor Hotton made the following response to questions raised by Kimberly Williams, mother of Ashley Williams who passed away as a result of an automobile accidentlinjury: "In Ms. Williams letter she ask why she was precluded from riding in the ambulance to Harrison Hospital and in the helicopter when Ashley was airlifted to Harbor View Hospital in Seattle. Part of the reason she was not allowed to accompany her daughter was because cardiac resuscitation and other life saving measures were required and some of the treatments of the victims might distraught a family member rather than be helpful and there is limited space in both the ambulance and helicopter. Although one has to say having a parent present is important, the first and foremost mandate that wehave is to tryto save the individuals life. Even though it does seem somewhat TAPE #1201 City Council Reg. Mtg. Minutes May 18, 1994 Page 4 of 30 uncompassionate to not allow that parents to ride along, it is best for all concerned that does not occur. Airlift Northwest provides the emergency helicopter service and Ms. Williams letter has been forward to them. Ms.William also asked about safety measures along Lebo Avenue...Mayor Morton has 'asked staff to look into some additional safety measures, which may include reducing the speed limit to the same requirement for schools if State law allows the City to take such action; putting in additional signage, however, there are some "children at play" signs already posted; traffic buttons across the roadway that would alert drivers to slow down; placing flashers on the speed limit signs; a long term solution would be to bump out the intersections on both sides so the crossing time for a pedestrian would be shortened and would provide a mechanism whereby the drivers of vehicles would consciously slow down. Mayor Horton read the following Proclamations: 1. Proclaiming May 25, 1994, as HOMELESS YOUTH DAY, accepted by Ann Rednickey. 2. Proclaiming May 20, 1994, as SENIORS DAY,. accepted by Becky Lorber. 3. Proclaiming May 20-21, 1994, as POPPY DAY, accepted by various representatives of Veterans Of Foreign Wars Posts and Auxiliaries. Andy Parypa stated he believes Mayor Horton is trying to do her best to get things moving in the City. However, he did invite Mayor Horton to drive past the southwest corner of E. 13th and Ironside to view vehicles parked in.a red no-parking zone on the sidewalks and requiring other vehicles to drive out past the stop sign to see on coming traffic. He needed to clarify a point regarding his speaking before the Council at the previous Council meeting regarding a recent Supreme Court decision. It seemed that a senior staff member indicated that Mr. Parypa had misinterpreted the ruling of the Superior Court of the City of Tacoma. He never stated that he interpreted that ruling, he did state that the State Supreme Court made an interpretation. It is up to the City Attorney and his staff to interpret court rulings. Furthermore, he did bring to the City Attorney's office a number of Chapter Titles of an RCW, which he is sure the Assistant City Attorney already was aware of, which states that the City Council, by a resolution, can pass on the cost of upkeep of sidewalks (construction or reconstruction) to the abutting landowner. The point he was trying to make at the previous Council meeting was that he feels the City was negligent after being notified seven years ago and being told by the City Attorney that abutting property owners would not be held responsible and the City invited damage by non-enforcement of TAPE #1201 City Council Reg. Mtg. Minutes May 18, 1994 Page 5 of 30 the City's own ordinances. Drake Evans gave a brief report of the formation and functioning of the Neighborhood Information Network system as set up by Mayor Lynn Horton. The intent of Information Network system was to provide an opportunity to disperse pertinent information to the residents by City staff and providing for a direct contact between residents and City departments. And, that it will add to and strengthen Council District meetings and not take away from their intended purpose. The east Bremerton Neighborhood Information Network meetings encompass Council Districts #1, #2, and #3. One of the major issues to be discussed and dealt with by the east Bremerton. Neighborhood Network meetings has to do with the replacement of the Manette Bridge in the not too distant future. The next meeting Of that group is scheduled for Monday, May 23, 7:00 P.M., at the Sheridan Park and Recreation Center. Presi~ent Fitz pointed out that the issue addressing the Manette Bridge does not only affect the people in the Manette area, but the whole City and people living on the west side of Bremerton also need to be concerned and involved. Mr. Evans stated in his opinion, following some discussions, there is a fear within the community that the City government will want to take ownership on some of the decisions being made as they relate to the Manette Bridge. When this issue was discussed with the State representative, it was clear that if we don't get together as a citizen/City advisory input group the State has no problem making those decisions. Mr. Colvin stated he invited Mr. Evans to make a presentation to clarify the purpose of the Neighborhood Information Network system and his only concern is that it is difficult getting people involved and hoped that it would not dilute their involvement in the Council District meetings. Mary Lou Long stated what Mr. Evans brought before Council is important to all citizens and considering the fact that State Representatives attended a meeting that involved a few citizens concerned her even more. She felt City Council meetings are more like town meetings where ideas and information are exchanged and that is the platform for discussing regional and broader issues. She preferred having the Neighborhood Information Network system be part of the regular City Council Agenda,whereby the information could be brought to the citizens via television and those attending City Council meetings. President Fits thanked Mrs. Long for her comment regarding having a "Town Meeting". Henry Mincey, Safe Streets Coordinator, reported on a "Summit" meeting, held Saturday, May 14, which involved a segment of the community that has been misrepresented and uncertain answers/responses regarding certain events in this community. When he first implemented the Safe Streets program, he looked at TAPE #1201 City Council Reg. Mtg. Minutes May 18, 1994 Page 6 of 30 the perception of the community as to what was the specific problem pertaining to gangs, illegal drug activity, etc., and unfortunately that perception pointed to the African-American male. He contacted a number of individuals, both African-American and non- African-American, as to what could be done to address some of the particular issues and as a result the "Summit" meeting evolved. He thanked the City officials who participated in the "Summit", particularly Councilman A1 Colvin and Mayor Horton, and David Bown, Civil Service Office. Robert Boddie, POWER, acknowledged the following people and businesses who helped with the "Summit" meeting: Coca cola and Pepsi Company, Garguile'.s Red Apple, CRC Building/Pastor Robinson and Emanual Church, Joann Miller, Melita Moore, Olympic College Multi-Cultural Center and the SABA group, O. C. President Wally Simpson, Tina Hinenberg and Charlene DeCook, James Noble, CSW, Lionel Collins, Greg MCCallin, NAACP, Pastor Allen, Pastor Rachel, Black .In Government, Kitsap Youth Services Association, Loxie Egans, and especially the facilitator Charles Wydell. He extended special thanks to Mayor Lynn Horton and Councilman A1 Colvin for their participation and Henry Mincey and David Bown for their ideas and thoughts to make this'event happen. .He anticipates having another "Summit" meeting in 3-4 months. POWER will be starting training programs with The Sun the City of Bremerton, US West Communications and Congressman Norm Dicks and a local law firm. The Ethnic Unity Coalition will hold Summer Fest 1994, on July 9, 6:00 - 9:00 PM at the Bremerton High School and on July 10th at the downtown boardwalk 9:00 - AM to 6:00 P.M. Any vendors interested in participating at this event can obtain information by contracting Kathy at 895-1889 and anyone wishing to provide entertainment during that event please contact Mr. Boddie at 792- 0637. Phil Drouin, Chairman of the Kitsap County Coalition For the Homeless, reminded everyone of the community meeting on May 19, 6:00 - 8:00 P.M., at the Washington Mutual Savings Bank Community Room. The subject to be discussed at that meeting is "preserving the historic Elks Lodge as affordable housing". The presentation will be maid by the Archdiocesan Housing Authority, Vice President Paul Percell. David Bornton, KCAP Public - Supervisor of the Crime and Gang team working with Safe Streets, reported they had some ideas about youth activities and the Bremerton Police Department jumped on board along with the Parks and Recreation Department and YMCA. Their theorywas to put rival gangs into one room, turn on some music and have them dance as long as everyone understood this was a neutral zone and just a place to have some fun. On May 7th, they pulled off such an event, which drew (150) representatives from the TAPE #1201 City Council Reg. Mtg. Minutes May 18, 1994 Page 7 of 30 RBBs, Eastside Gangsters, Westside Acacia Block Crips. There were no gang signs being flashed or rags/hats being worn and everyone came with the understanding it was a time to have fun, talk and then go home. The week before they had the D.A.R.E. people come in for a D.A.R.E. For Kids Activity night at the Sheridan Park Gym and that event worked smoothly. Me noted the YMCA's late night activity is also working smoothly and he was pleased that two more drop in centers have been opened - Monday evenings at the KCAP Central Office at 12th and Park, and at the Sheridan Park and Recreation facility open on Saturdays from 4:00 P.M. to 9:00 P.M. Mr. Boynton stressed the importance of listening to the kids and to give them some credibility. GordV Byrd reminded everyone of the A.L.I.V.E. Shelter benefit at the Roxy Theater on Sunday, May 20. He asked if anyone knew the location of the Given Center in Port Orchard? President Fits explained the Givens Center is located on Sidney Street, approximately two blocks south of the Courthouse. Mr. Byrd wished there was another name for gangs because the word "gang" sounds too violent to him. He noted if kids are given a chance, they will reach out to help others. Robert Ackerman thanked Mayor Horton for her letter and asked when will the City start fixing streets, particularly by the bus depot. De1 Knauss stated in his opinion the timer being used by the City Council has made them, the City and the Administration look silly and asked that they do away with it and use the silent rule. MaryLou Long stated she was originally shut down on many occasions on the 3-minute time limit and then the clock timer was imposed. It seemed like anyone speaking on issues that pointed out a flaw, conflict or a problem was given the least amount of time to speak. Tonight there was a presentation on giving input to the city and being part of the decision making process and feeling like they are contributing to and being listened too. In her opinion, the 3- minute clock makes it difficult for a citizen to contribute or feel like they are being listened to. Don Larson related an ongoing problem he had been having for several years with Brem-Air disposal Inc~, over his garbage bill. Because he recycles extensively, hedoes not generate enough waste to require a can of any size each week and he believed, under the City's garbage collection contracts, that a fee of $1.75 per month was all that he had to pay, along with the recycling fee that was later implemented. He .was pleased to report that the new management of Brem-Air Inc., has agreed to allow Mr. Larson to put out a mini garbage can every other month, which is what he had been trying to work out with the previous owner of Brem-Air four years TAPE #1201 City Council Reg. Mtg. Minutes May 18, 1994 Page 8 of 30 previous. He asked that Council give a public response to the citizens explaining they have an opportunity to tell Brem-Air that they have special needs and do not require garbage can collection each week because they do not generate that much garbage if they recycle. Alex Roos stated he wanted to use the Council's good "clout" asking "The Sun" to print the Agenda of the City Council meeting each week on Monday or Tuesday of each week. It also concerned him that only those people who have "Cable TV" service are able to view City Council meetings. He would like to see the City Council meetings televised so that everyone in the City has the opportunity to see City government in action. 6B - PROFES8IONAL SERVICES AGREEMENT - ~OLD MOUNTAIN ~OLF COURSE EXPANSION, ~AB94-097 A request for Statements of Qualifications for Professional Golf Course. Design Services to design a new Eighteen Hole Course adjacent to the existing Course at Gold Mountain was prepared, advertised, distributed, and received in the spring of 1993. Eighteen firms responded, and si~ were interviewed by a panel comprised of Morrie Dawkins, Councilman; Mariwyn Tinsley, Parks & Recreation Commissioner; Rick Acton, Golf Professional at Sahallee Country Club; David Jacobsen, President of Far West Equipment; and staff representatives from the Community Development and Engineering Departments. This panel determined John Harbottle Design to be the most qualified firm to perform this service. Vicki Vanneman, Director of Parks and Recreation, stated on March 30, 1994, the City Council, Mayor Horton and several staff members participated in a Study Session regarding the expansion of Gold Mountain Golf Course. At that meeting, she stated the purpose for that meeting was to provide answers and/or input to four questions: (1) does the City need another golf course? (2) Do we have adequate water to support that course? (3) do we have available land adjacent to the existing course? (4) Does the project cost pencil out? Documentation was provided addressing those four issues along with discussion as to tee times statistics, a letter of water availability, a history of revenue and attendance figures, financial projections. At the conclusion of that meeting, the answers to all four questions seemed to be "yes". Gold Mountain Golf Course has recently received some very favorable press and notoriety.. The most significant in light of the proposed expansion was a Golf Course Guide published as'an insert in the Seattle Times newspaper that named Gold Mountain Golf Course the TAPE #1201 City Council Reg. Mtg. Minutes May 18, 1994 Page 9 of 30 best golfing value in Puget Sound. As a result of that guide being published, the Golf Course has been deluged with phone calls from people trying to get tee times. Since the Study Session was held, Rich Hanna, City Treasurer,.secured the professional services of Dick Thorman, who is in the process of completing a new market analysis for the preposed expansion. As was mentioned at that Study Session, the underwriters contacted by Mr. Hanna about financing the project requested a new study that would provide current information. The previous analysis was conducted in 1991, and had a limited scope in that it only looked at Kitsap County and Gold Mountain's service area includes golfers from outside the City and outside the County, with a real following from Tacoma and Seattle area residents. The first analysis will be incorporated into the new market analysis. Ms. Vanneman explained there has been four years of work and consideration in looking at whether or not to proceed with 'the expansion of the Golf Course. Many of the City Council members have been part of those discussions and Councilman Neville served on the Parks Commission when they first discussed such a project and Councilmen Colvin and Dawkins have participated on the Golf Course Board of Directors for a number of years. When she went out for requests for qualifications for a design firm, they picked a very competent committee, who they felt were experts in the industry and experts on the City's staff. No member of the City's Parks Department staff participated on that selection process. John Harbottle was the overwhelming choice by the committee after they thoroughly reviewed references and courses that Mr. Harbottle had been involved in. There were six very qualified firms to choose from and the Committee determined Mr. Harbottle brings great experience to this project and is a local Architect (Tacoma). Some of Mr. Harbottle's recent projects include both County, city and private golf courses. He is prepared to designs a quality' municipal. golf course, one that will compliment the existing course, one that will be built solely with revenue bonds, which will preclude having to ask for any financial contributions from the citizens of Bremerton, unless they are golfers who play at Gold Mountain. The intent is to build another course that will provide recreation at an affordable price for local golfers as well as those who can be entice from other communities. The scope of work in the Professional Services Agreement is very detailed and there is a lot more involved than merely drawing an attractive conceptual design. The work will include conceptual layout, all engineering, permitting, the geotechnical testing and reports, construction documents and a binder of specifications that will address every aspect of the construction project. Mr. Harbottle will also provide construction observations and the City will provide construction administration for day-to-day scheduling of meetings and getting out progress reports to the affected departments, Mayor TAPE #1201 City Council Reg. Mtg. Minutes May 18, 1994 Page 10 of 30 Horton and the City Council. The term of this agreement is through 12-31-1997, which they feel is a conservative schedule, but one that should not need to be extended due to delays. Rich Hanna, City Treasurer, pointed out all of the Council members have seen the proformas produced by his office answering the question whether or not this project will pencil out financially. As Ms. Vanneman mentioned, there is an on going market survey and the preliminary report has not yet been submitted but he has been in steady contact with the consultant. There has been enough preliminary analysis completed to give a.veryfavorable outlook and his work to date is confirming the contents of the proforma that he and his staff produced. This project does make sound financial sense...the rounds and greens fee rates are within the bounds Of tolerance for the market that is being addressed, which includes Pierce County, King County and a little bit of Snohomish County. Should the unlikely event occur that the market analysis comes back with a less than glowing report, there would be minimal design work that would have been accomplished at that point in time so the City is still in the position where "retreat" is possible.. He emphasized that the likelihood of that happening is very small and he feels comfortable presenting Mr. Harbottle's contract at this time. He re-emphasized that this golf course expansion will not be built with General Obligation Bonds or any other current tax revenues of the City. All of their analyses are predicated on the sale of golf course Revenue Bonds that would be repaid from greens fees and other revenues from the course. President Fitz questioned if the out-of-area golfers are charged a higher rate than the local golfers? Mr. Hanna stated yes, in an indirect fashion - local golfers have, in addition to a daily fee, a number of options available to them, such as a punch card ($260.00 for 20 rounds of golf), and offer annual passes. All of the discounting mechanisms serve to lower the cost for local residents, who play a lot of golf at Gold Mountain. Additionally, there is a differential - daily course fee is $16.00 during the week and $20.00 on the weekend. TAPE #1202 Mr. LaW stated he did not see anything in the contract that addressed the issue if the market analysis came back negating the objective. Ms. Vanneman explained there is a 30 day termination clause included, which she believes is adequate protection in the unlikely event that the City chooses not to go forward with the project. Mr. Law questioned the difficulty level of the proposed course compared to the current course? Mr. Hanna stated what is being created is a high end municipal course and would not be a great deal different than Gold Mountain. Scott Alexander, Golf Course Manager/Pro stated the difference in what is being designed is there will be five sets of tees, which would allow those that TAPE #1202 City Council Reg. Mtg. Minutes May 18, 1994 Page 11 of 30 wanted to play a more difficult to go to the back tees. The designer will design it in such a way that each caliber of golfer will choose where they tee off to dictate how difficult a course. Also, he believes there will be more visual challenges. Mr. Law questioned when tournaments are being held will he use both courses for tournaments or just one? Mr. Alexander stated his goal is for 95% of the time he will use one golf course for tournament play, keeping the other open for open public play. There could be one or two tournaments each year that could bring a lot of people into the Bremerton area where both golf courses would be used. Mr. Winters questioned how long did Mr. Harbottle spend with the Gold Mountain Golf Course Grounds Keeper and Mr. Alexander discussing the design of the course? Mr. Alexander stated none.. He believes designers of golf courses start out on paper and once drawn stakes are placed in the ground and at that time things can change. Mr. Marbottle has been very open to what the Parks Department and the City want out of the proposed project. Mr. Farr stated he was present during the Study Session, but when looking at the bottom line for the design work it amounts to $348,000, which is a considerable amount of money. He questioned was there an estimated cost of funds expended if the market analysis came back as an unfeasible project to pursue at this time? Mr. Hanna referenced Exhibit "B" Fees, which shows different percentages of the components of the work. He doubted the schedule would be past the first 15% Study/Program Development Phase before there would be a very clear preliminary report from the market analysis. Ms. Vanneman concurred with Mr. Hanna's statement. Mr. Farr noted that percentage pencils out to approximately $50,000. Mr. Hanna stated he believed the worst case scenario would be that the City would be roughly $50,000 into the design contract if the market analysis came back saying the proposal wouldn't work as projected. He had spoken with the market analysis consultant within the past day to get the latest update and he felt very comfortable with proceeding with this contract at this time. Mayor Lynn Hotton stated if for some reason the analysis comes back to say 18 holes of golf is not feasible there is the option to design for 18, but build for 9 holes with the idea that when the climate became more favorable then the course could be expanded out to a full 18 hole course. Also, the prospective Council members saw includes $100,000 per year that will continue to go into the Parks Fund for capital acquisition. She believes Mr. Hanna's numbers are conservative and feels strongly that this is a viable project that will benefit the city. Mr. Colvin questioned what would happen if other golf courses were. built nearby and projected revenues did not become a reality? Mr. Hanna explained the construction of additional golf course TAPE #1202 City Council Reg. Mtg. Minutes May 18, 1994 Page 12 of 30 facilities within our market area is almost a certainty. A daily fee course was built in the Horseshoe Lake area within the last two years, which is located on the same straight line along Highway 16 coming, but looking at the historical numbers the City's course they did not experience any decrease in play. He acknowledged that the rounds played on the course were less in 1993 than in 1992, however, that was attributed entirely to the weather conditions. Mr. Dawkins pointed out golf course architects get paid a lot of money for their work and had one of the other firms been selected, it could have cost the City a million dollars. He believes Mr. Harbottle is a young man who will do a terrific job. He believes Mr. Harbottle has some ideas for the new course that could make it tougher than the existing course. Mr. Overson stated it was his understanding that at some point in the contract certain problems with the present course were to be resolved by moving some hazards around and questioned if that was still in the plan? Mr. Alexander stated he recalled the only thing written in the plan to address that point was a change in the ninth hole. It is proposed to make the driving range larger in order that more people can warm up, which would 'involve changing the ninth hole. Over the past two years, the Grounds Keeping Superintendent has cured about 99% of the problems that previously existed. The current irrigation system is getting old and needs to be upgraded in the not too distant future. Mr. Overson pointed out the contract scope of work included the design along with a lot of other work including staking out where the resultant course will be built and in each case he sees construction observation during all phases. Mr. Hanna stated Mr. Overson was correct, however, there is an additional element of $50,000 that was felt more appropriate to be retained by the City for project management. This contract does contemplate continuing involvement of the architect throughout the construction phase. Mr. Colvinquestioned the total cost of the design and construction of the 18-hole golf course and how many years will it take to complete it? Mr. Hanna stated they estimate the total design and project management costs at $400,000; and a construction budget Of 3 million dollars, with additional costs of expanded maintenance equipment just short of $200,000. Their proforma contemplates amortization of that cost over a 20 year period. Phil Drouin stated the discussion reminded him of his service on the Council in 1984 when they were told that if the City took back management of the golf course they could realize $100,000 excess that could go into the Park acquisition fund. Over the past 8-9 years with the rate of inflation he assumed that would go up to TAPE #1202 City Council Reg. Mtg. Minutes May 18, 1994 Page 13 of 30 $150,000 or $200,000. If the City is going to invest 5 million dollars they should be immediately bringing in $200-300,000 per year. He did not believe the public was being told what the real bottom line will be. The citizens of Bremerton have a large investment in a County golf course. Mary Lou Long raised the following questions: (1) is Gold Mountain Golf Course adjacent to watershed land or is it on timber land; and where is the new land being acquired for the proposed expansion of the golf course? (2) If this will diminish the profit that the City is receiving in the amount of $100,000, through agreat extent to pay off the bonds, how long will it be before the City starts receiving additional funds for recreation facilities for the rest of the citizens that do not golf? (3) When will the replacement for the Roosevelt Field playing field be identified? Mayor Hotton stated the expansion of the golf course will be on City utility property, the same as the existing golf course. Right now, the golf course has payed the Parks Capital fund $100,000 per year over the past three years. Prior to that time, the golf course did not turn a profit. Since Scott Alexander was hired to manage the golf course and subsequently his brother as greens keeper, the golf course has improved immensely in terms of caliber, quality and revenue being generated to the point that $100,000 annually can be placed into the Parks Capital Acquisition Fund. She feels strongly that even during the first two years of the new courses operation there will be enough revenue to continue extracting $100,000 out of the.combined golf courses towards the Parks Capital Fund and in the ensuing years additional funds will be added to that $100,000 going towards that program. The Roosevelt Field replacement issue is a separate issue and is being addressed by the downtown waterfront property. The Parks Commission has recently finalized their recommendations for the Roosevelt Field replacement fund money. Mrs. Long questioned if the golf course fees are presently bringing in approximately $100,000 for the City to place in their budgeting for parks and recreation projects, why doesn't the City take that $100,000 of annual income and do something for young people inside the interior of the City? She has been before Council a number of times asking when the issue of the Roosevelt Field replacement will be addressed. If timber land is to be used for the golf course expansion, what is the trade off; and if watershed land is used how would that jeopardize the quality of the protection of the water? Mr. Hanna explained the City's financial analysis is built on an assumption that the historical $100,000 returned to the City's Parks Department for the betterment of neighborhood parks will continue even during the initial years of the new course. The initial years of this expansion are clearly the more critical financially. As the whole 36 hole course comes on line and these improvements come into their own financially, and when the mortgage is paid,Gold Mountain will be returning to the TAPE #1202 City Council Reg. Mtg. Minutes May 18, 1994 Page 14 of 30 City's Parks Department something in excess of 4 million dollar per year. He would be the first to admit that he is extrapolating out current operations out a lot of years and can not say that they are completely accurate to the last dollar or nearest $100,000, but he is confident they demonstrate appropriate order of magnitude. That is one of the most compelling reasons why there is such enthusiasm on the part of the Parks Department for this project. In addition to the $100,000, the financial analysis includes the fact that the golf course is paying roughly $120,000 per year redeeming the bonds that were used in part to finance the Sports Complex. The land the City is proposing to use for both the existing course and expansion is watershed land and belongs to the Water Utility. It is correct that roughly 120 acres of land will be taken out of timber production and used for the construction and operation of the- proposed golf course, as is the present case with the 1S-hole course. There will be an interdepartmental lease drawn up with a fair return to compensate the Water Utility for the loss of the timberland. Mrs. LOng questioned the water source to water the expanded golf course and what would happen if the City experienced a drought and how would the citizens be impacted by that? Mr. Hanna stated The Utility's letter of availability issued to the golf course included several. caveats.: (1) the use of water conserving design in the irrigation system; (2) drought tolerant plantings, grass; (3) in the event of drought their supply of water could be interrupted and/or restricted. The Water System Comprehensive Plan projects out five years into the future and indicates both average and peeking capacities are well in excess of projected demands. RandV Wltt, City Engineer, stated the Utility will look for non- potable sources of water that could be used on the golf course and it is hoped to have that source within five years after the course is built. Elizabeth Buell questioned what happens if the revenues don't come in as projected? And, she questioned what happens when an earthquake comes and does a lot of damage? Robert Ackerman questioned what percentage will the City receive off the income from the golf course? President Fits explained the City will sell Revenue Bonds to pay for the golf course expansion and the green fees will pay off those Revenue Bonds. Mary Lou Long asked what happens if revenues does not come in as expected to pay off the bonds, is there a cushion, and do we delve into that $100,000 to make up the difference? Mr. Hanna stated the bonds that will build the course are Revenue Bonds and by that the City pledges the revenues from the golf course. Included in the financial analysis is the continued payment of $100,000 to the Parks Department for neighborhood parks, continue to provide support for the Sports Complex. Additionally, the golf course would #1809 TAPE #1202 City Council Reg. Mtg. Minutes May 18, 1994 Page 15 of 30 be replacing its own capital equipment and the existing irrigation system is to be replaced on a cash basis out of golf course revenues along with other improvements. If the City builds the course and the people do not come or the greens fee projections are in error by some factor, each successive layer gets peeled back. The first claim to those revenues is the operation and maintenance of the course, after that comes the debt service, after that capital replacements at the golf course - transfers to the Parks Department for their capital acquisitions and the rest of those activities. It is remote in the extreme, but is not outside the realm of possibility. He again emphasized that the financial projections are conservative and he believes they will be borne out by events. Gordv Byrd stated he finally has a sense of what is going on during this discussion. Robert Ackerman questioned who pays for the water run off during irrigation season? President Fits assured Mr. Ackerman that if there is a shortage of water the golf course will also have to cut down on their water usage or eliminate it entirely. Mr. Neville referenced the Storm Drain Plan: (1) will provide pick up points for the drainage system designed for the tees, fairways and greens. Storm drainage system will collect waters from various locations and transit it to ponds on site. (2) Provide the pump design and specifications of the system to be utilized for stormwater pumping from on-site ponds for the purpose of irrigation. M/S/C/U(Dawkins/Colvin) motion to approve the Professional Services Agreement with John Harbottle Design and the Professional Services Agreement; and Section 3 - Compensation shall read: City shall pay Harbottle compensation as follows: Total fees under this agreement shall not exceed three hundred forty eight thousand five hundred dollars ($348,550.00)...". 6C - WASTEWATER TREATMENT PLANT ODOR CONTROL PROJECT - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH R.W. BECK, #AB94-089 A professional services agreement has been negotiated with R.W. Beck to provide engineering services for the design of odor control improvements and upgrades and disinfection improvements at the City's Wastewater Treatment Plant. R.W. Beck was ranked first by the Odor Control Consultant Selection Committee from the 7 firms which submitted proposals and the 4 firms which were interviewed. After R.W. Beck was ranked first, the City entered into negotiations on project scope, schedule and cost. The professional services agreement is the result of these negotiations. The action before the City Council is approval of the agreement. RandV Witt, City Engineer, covered the summary comments and TAPE #1202 City Council Reg. Mtg. Minutes May 18, 1994 Page 16 of 30 announced copies of the contract were available for the public. The contract will cover: (1) Project Management - development of a project management plan, staffing schedules, monthly updating of project schedule, invoicing and status reports, working with the subconsultants, monitoring client communications and other non-task related work required to keep the contract going. (2) Stakeholder Coordination and public involvement - involves working with the people essential to the contract from an agency and neighborhood perspective and would include: Puget Sound Air Pollution Control Agency, Department Of Ecology, West Hills Association and other neighborhood groups, U.S. Navy, Metcalf & Eddy services, Kitsap County Department of Public Works. (3) The work aspect or technical aspect of the contract are broken into what is titled Basis Of Design Report - WWPT And Pump Stations, which involves collecting and reviewing the data on existing wastewater treatment plant and the collection system; preparing an odor definition report; baseline monitoring at the treatment plant and out in the collection system, specifically at pump stations CE-1, WB-3, CW-1, 13th & Naval; after information is collected alternatives will be developed and tested for odor control improvements both at the treatment plant and in the system; they will do value engineering analysis of those alternatives for cost effectiveness, ability to do the odor control, reliability and other aspects of them. (4) Tied into this contract but separately funded is "Disinfection". The wastewater treatment plant' operates under a National Pollution Elimination Discharge System Permit (NPDS), which comes from the Department Of Ecology (DOE) and Environmental Protection Agency (EPA), to reduce the amount of residual chlorine that can be in the treatment plant affluent. In order to meet that new criteria, the City will have to either do alternative disinfection in the plant or do dechlorination of what we currently do. Because the chlorine standards must be met in 1996, the City felt it was prudent to include this work along with the wastewater treatment plant work and they can be worked together without any conflicts. (5) Construction Document Preparation comes after the alternatives analysis, evaluating engineering and selecting the direction to go, the next step is to prepare the construction documents. Negotiations on this contract have been in process right up to the time of this Council meeting and there are some changes. to the language contained in the copy of the contract that was previously handed out. Ian Sievers, City Attorney, stated one of the subject areas of intense negotiation was insurance and liability. Since both parties recognize this kind of undertaking involves a lot of uncertainty and risk, each party was trying to shift some of that risk. There are some last minutes changes, in the City's favor, to the Insurance- Section 7, and Limitation Of Liability-' Section 8. As a synopsis of both of those sections, the consultant is required TAPE #1202 City Council Reg. Mtg. Minutes May 18, 1994 Page 17 of 30 to maintain comprehensive liability insurance and a five million dollar aggregate, which will extend two years after substantial completion of the project (Secton 7). Under Section S, the consult itself and apart from the insurance policy is liable for those same limits of liability. However, the consultant was concerned of this exposure for things.it was not covered for under its policy of insurance and wrote in the exclusions from its policy as limits of liability and capping liabilities in those areas at $150,000. Staff reviewed some of those exclusions and some of them seemed contraryto obligations in the contract and one seemed unnecessary so the consultant has agreed to limit those exclusion therefore removing them from the $150,000 cap in four different areas. One of the areas was liability for activity involving automobiles. The City desires to add a sentence to Section 7: "Consultant shall maintain a comprehensive motor vehicle public liability insurance DOliCy with single limits of one million dollars for bodily injury and property damage". Another area of concern was willful misconduct, which was in the language of Section 8, and the City desires to make that even stronger by adding this amendment...beginning at the word EXCLUSIONS: "Section SubDarts (b)-Cr) '(note Section (a) was removed which under their policy read "any dishonest, fraudulent, criminal, intentional and malicious act, errors or omissions or those with the intent wrongful nature committed by or at the direction of any insured". What that means is that (a) is clearly not capped by the $150,000 and is more comprehensive than the language previously stated. The next concern was with the obligation of the consultant to meet time limits on producing its work, principally drawings and specifications. The fourth concern was failure to maintain insurance required by this agreement. To address those last two areas, Mr. Sievers recommended adding a second sentence to Section 8, which reads as follows: "The $150,000 limit will not apply to (1] willful misconduct; ~2) failure of the consultant to complete drawinqs or specifications on time except failure throuqh no fault of the consultant; (3) failure to maintain insurance as required by this agreement". President Fitz asked if the recommended changes answered all of the concerns previously raised by the Council and Administrative staff? Mr. Sievers stated yes, and there are still some exclusions which are capped but they are remote and would probably be standard exclusions under any consultant's liability. Mr. Witt pointed out the total cost of the odor control improvements are $1,101,859; and the breakout for the disinfection improvements amounts to $71,054 for a total contract amount of $1,172,913, which is well within the existing budget for the project. Mr. Overson stated he felt uncomfortable referring to an exhibit for the entire budget of the project. In his opinion, the whole TAPE #1202 City Council Reg. Mtg. Minutes May 18, 1994 Page 18 of 30 contract had some problems in that the real "meat" of it is in exhibits. He suggested stating the whole amount of the contract into the body of the contract. Mr. Witt suggested amending Section 3. as follows: "City shall pay Consultant a sum not to exceed $1,172,913, as set forth...". Mr. Overson noted staff had voiced concerns over the exclusions, which seemed to have been addressed by the City Attorney, but he was unclear yet that Exclusion (e), (h) and (i) should be taken out. Mr. 8ievers stated following discussions with the consultant's legal counsel, it was decided to address it more directly.. (e) had to do with the timeliness of completing drawings and specifications; (h) had to do with the automobile liability and (i) was the requirement to maintained insurance as part of the agreement. He did not see that it would hurt to remove those letters from the series of subparts referred to earlier. Mr. Oversonquestioned if there was some system now for insuring that the EXCLUSIONS refer to what is being agreed upon? Mr. Sievers stated the assurance will come from having the document in hand. President Fits asked if that document could be included as part of the whole packet? Mr. 8ievers suggested attaching it as Exhibit "D" to the documentation. Mr. Colvin questioned if there was any language in the contract stating that the odor mitigation would be guaranteed? Mr. Sievers stated the contractor does not offer a guarantee of any quantified result. Mr. Colvin questioned if it was possible to spend six million dollars and still not successfully have an odor mitigation? Mr. Witt stated in the basic design report odors will be defined, what the limits are that the City desires to achieve with those odors and then to look at the alternatives as to how to achieve that goal and how affectire they will be, reliable, cost effective, etc,. That information will be presented to Council with a recommendation. Mr. Colvinquestioned if this would be in addition to the six million dollars? Mr. Witt explained that work is part of this contract. Elizabeth Bue11 stated she didn't like the idea that the contractor would not say that the odors will be gone. She felt there should be. some way to make them responsible for taking away the odors, otherwise why do it. She noted other places get rid of their sewer odors...why can't we. President Fitz stated she didn't believe odor is totally gone from a sewer treatment plant and Mr. Chu just returned from a nation-wide conference on that issue. We will do the best we can with the howledge of today and with the amount of funds we have available. Mr.Ackerman stated since there is no guarantee as part of this contract, he suggested building a tall stack so the odors can be funneled upward and blow away from the residential areasj He asked if City staff had looked at other wastewater treatment plants to TAPE #1202 City Council Reg. Mtg. Minutes May 18, 1994 Page 19 of 30 see how they control their odor emissions? Eddy Chu, Public Works and Utilities Director, stated there is no such guarantee that any design, communities or system can provide for odor free sewage treatment, however, there is a nuisance level that odor can generate and that is what the City has committed to eliminate. What the construction and design team will be held to adhere to is to provide a performance according to design specifications. Other than that, the performance of the plant has much to do with operation of the plant. It takes a good system design and good operators to make it work...a team effort. He has visited the majority of sewer treatment plants in the Puget Sound and he would challenge anyone to make a statement that there is an odor free treatment plant in Puget Sound. Mr. Witt stated what needs to be looked at is what is the City's project goal .... to meet PSAPCA regulations, etc., and what that means is there are no complaints and that is what the City wants to deliver. Me feels comfortable that goal can be reached. Odor control is done successfully at other plants and many of them are covered and some of them are' newer than Bremerton's. TAPE #1203 MayLou Long stated here is a document that states all of the odor mitigation will be dealt with for $1,172,913. Mr. Witt clarified the action before Council is the R.W. Beck contract, which defines the odors, prepares the odor definition report, basic design report and designs the improvement, but does not include the construction, construction inspection and other aspects of the project. Mrs. Long stated~ it bothers her that the City is paying engineers in a department and there are other sewer plants in other communities that have similar design and similar odor problems. She couldn't imagine that it would take that much money to come up with a solution to this kind of problem if there design and plans exist that properly address odor issues. When the original sewer plant was designed, it was her understanding that it was a complete design. She questioned if anyone had researched into the original design to see if they addressed the odor problem prior to "recreating the wheel"? Mr. Witt stated the question of existing plans for odor control at the treatment plant has come up before and it has been an intriguing question. As he has researched the records, there was been some discussion on odor at the plant, but there has never been any discussion that an odor control system was designed nor are there any plans available showing that work being done. Mrs. Long stated she could not imagine that a distinguished firm such as CH2M Hill would have designed a plant for this community without taking that into consideration. She asked if anyone had contacted Ch2M Hill to find out if this particular element was deliberately left out of the design plan or if they had incorporated into the design? As a taxpayer, she feels'the City already paid for a high state-of-the art sewage treatment plant. TAPE #1203 City Council Reg. Mtg. Minutes May 18, 1994 Page 20 of 30 Mr. Witt stated as they have looked at the documents there was discussion on odor control and odors that might be expected from' the plant. What he expects might have been done was a discussion with Council on whether or not they wanted to provide odor control.. As he understands the fiscal situation at the time, the decision was probably made to. not have it done and building the plant just about strained the City's capacity. Mr. Overson asked Mr. Witt if he had any basis for his last statement? Mr. Witt stated the basis for his statement is knowing there were some documents discussing odor control. Mr. Overson stated there is nothing to say that anything was discussed with anyone on staff or on the City Council. Mr. Witt agreed and what he stated was just speculation. Mr. Overson stressed through all the litigation, Mr. Witt's research and all past staff research, it constantly reiterated the plant was built as designed. Mr. Witt stated that is correct and the question Mrs. Long asked is how can a firm like CH2M Hill not design a complete plant. He emphasized such a firm will design whatever they are asked for a specific amount of money. Mayor HoEton stated if we were to go back and look at the original plans, we believe we built what was designed. Inresearching the design we cannot come up with any design that was not built that would eliminate the odor. In talking to former elected officials at the time the plant was designed and constructed, they believe that the plant was suppose to have been built to be as odor free as possible. Keeping in mind, however, that 10 years ago when the plant was designed, that environmentally speaking we as a civilization and a community were not as environmentally aware as we are today. The City is pursuing CH2M Hill and will continue to pursue every avenue available for remediation of the issue, but the City has not yet completed that phase. She believes the amount of odor emitting from the plant is a surprise to the designers and in fact the plant does smell. She also believes that before all things are said and done, the City will meet in some future court arena to hash out exactly who was responsible for what, but at this time we cannot make any statements other than what was designed the City built. The City is now trying to design to correct the odor, which she believes is possible to accomplish. There are options to be looked at such as enzyme injection into the system. She is confident that the nuisance odor can be eliminated. Mrs. Long questioned why hasn't the City initiated a lawsuit against CH2M Hill when the poor, sucker ratepayers are having to pay for a flawed design by CH2M Hill? And, if the City got sued, why wasn't there a counter suit brought against CH2M Hill because of the design flaw injured the people, thereby giving relief to the ratepayers? President Fits stated the City is in the process of taking other measures for what has happened with the sewer treatment plant and they are not at liberty to talk about all of those measures in an open forum at this time. The City is doing #0559 TAPE #1203 City Council Reg. Mtg. Minutes May 18, 1994 Page 21 of 30 everything possible to recoup what ever monies are available. Mrs. Long emphasized she is trying to bring forward the reason why the City is having to do this so the public knows how to best address a-resolution that does not injure them. Right now there are people in Bremerton that are extremely stressed from high sewer rates. Even if some agreement was reached with CH2M Hill outside of court and some funding was received to do these projects, how does this relate to relief to the citizens, who are paying up front tremendous burdensome sewer rates? President Fits stated she believed that was something that needed to be discussed at another time. Council needs to address the subject contract in order to meet the requirements set forth in the court order and that is what they. are doing according to the law. Mrs. Long asked the City Council to move to push forward with the evidence brought out by Mayor Horton during this discussion to gain some remedy through the City's legal counsel in the form of a lawsuit against CH2M Hill. President Fit~ stated Council will take Mrs. Long's comments into consideration. Peggy Arkins, member of the West Hills Association, stated she received a settlement from the City and she believes the City is behind time in starting the remediation process according to the settlement. President Fits stated the City is under a tight schedule. Mr. Witt stated we are behind the time frames specified for a progress schedule in the settlement agreement. He is of the opinion that the City can get the odor control improvements on line by the dates set forth in the settlement agreement. The critical date is "are we operating by January 1, 1996". President Fits emphasized the City is pushing hard to meet that goal. Mr. Witt noted the work schedule is attached as part of the proposed contract. M/S/C/U(Huff-Menees/Farr) the City Council authorize and direct the Mayor to execute the professional services agreement with R.'W. Beck to provide design of odor control improvements, upgrades and disinfection improvements at the City's wastewater treatment plant and to incorporating Exhibit D and incorporating the compensation into the text of the contract. 7A - RESOLUTION NO. 2466, REOUEST TO APPLY FOR HOME FUNDS FOR RENTAL PROPERTIES REHABILITATION PROGRAM, #AB94-099 Kitsap County will receive $855,000 through the HOME federal program. This program funds low income housing programs. The City proposes to apply for $100,000 in federal funds, to be matched with $25,000 in City funds, to operate a tenter-occupied rehabilitation loan program. The grant application is due May 23, 1994. City Council review and approval to submit the grant request is required. If the grant is awarded, the City Council will be asked TAPE #1203 City Council Reg. Mtg. Minutes May 18, 1994 Page 22 of 30 to delegate authority to the Mayor to sign the grant contract and approve a budget amendment for $25,000. Don Pratt. Director of Community Development, stated in addition to the summary statement he has the following corrections: (1) the Operations Committee.discussed this issue just prior to Council and did have some prior knowledge of the proposal; (2) there is information in the Agenda bill regarding the use of the Real Estate Excise Tax of $25,000 for the match. He recommended that replacement wording in the resolution be made deleting the identification of the Real Estate Excise Tax as a match and stating: "the program income to be used for match will be closed out federal Comprehensive Small Cities Community Development Program funds from 1978 and 1980. In researching fund sources after the Agenda bill was distributed, they'found a firm source. In 1978-80 the City recovered funds from earlier rehab funds and this afternoon the Department Of Housing and Urban Development agreed that they would be allowed as matching funds and an amendment will be made to the grant aplication reflecting that source, if Council approves this proposal. Pam Root, Project Coordinator, stated Kitsap County became a participating jurisdiction under the Federal HOME Program in March of 1994, and Kitsap County will receive a home allocation of $855,000 for that year. The HOME program is very similar to Community Development Block Grant program (CDBG), but is targeted for lower income people, those in the 60% area median income range and is designed to solely to expand the supply of affordable housing for very low income people. 'Like CDBG, it is done in cooperation with public and private non-profit organizations. The City of Bremerton is eligible to compete for an allocation of Federal Home Fund from the Kitsap County entitlement. HOME funds can only be used for housing rehabilitation, new construction and home ownership assistance to very low income households. The Kitsap Regional Planning Council in April, voted to allocate 40% of HOME funds to owner occupied properties and 60% to rehabilitate rental properties. According to Kitsap County Comprehensive Housing Affordability Strategy (CHAS), 40-50% of the housing in Bremerton was built before 1950 and 20% was built before 1940. The Department of Community Development is proposing to submit an application for $100,000 to fund a Rental Rehab Housing Program. They feel the development of such a program would be an effective strategyto meet the City's number i housing goal, as stated in the City's CHAS, to improve the integrity and quality of existing housing stock. The HOME program requires a project specific match of 25%, so the total resource would be $125,000 and they plan to target the program City-wide. It is anticipated, based on the City's 1992 Rental Rehab Program, that $15-20,000 per unit will be spent on rehab projects. They feel the projects will be small, TAPE #1203 City Council Reg. Mtg. Minutes May 18, 1994 Page 23 of 30 ranging from 1-10 units, single family homes, duplexes, triplexes and perhaps a multi-family unit or two. If they get beyond 12 or more units, the the David Bacon Wage requirements is triggered, which drive the project costs up beyond where they are attractive to rental property owners. They will be doing typically rehab work...roofing, siding, windows, foundations, heating and ventilating systems, plumbing and electrical, etc., things to increase the health and safety standards. They will also require that any property rehab will have to do exterior repairs and improve its street front appearance. They are also proposing to target the Campus Evergreen Neighborhood, which has benefitted from an overall plan and has some very eligible areas that could make efficient use of the funding. They are proposing to do that by creating a window of availability prior to it being offered city- wide. The loan terms will be the same as that in place for the owner occupied rehab program - 15 year loans at 3% and will be administered and underwritten by Seafirst Bank. Rental rates have to be regulated by the City and the tenants have to be low income for a specified period of time depending on the loan amount. She pointed out a further correction in the Program Guidelines for proposed HOME Application under Affordable Rents...Rehabilitation between $15,000 - $40,000 for a period of ten years (deleting previous wording "Rehabilitation between 15 and 40 years). If her projections are correct, most of the projects will be in the $15- 20,000 range, which means affordability of 5-10 years. That will be enforce through annual surveys of the tenants to verify their annual income and what they pay for rent. They will also enforce the rehab quality by making it conform to the Bremerton Housing Code, UBC, Northwest Energy Code and all buildings'will require permits and will be inspected by the Building Official like any other construction project in the City. They will require that severely dilapidated buildings be totally renovated. It is within the Federal guidelines to allow the City to make the requirement that any property that applies for rehab must be brought up to standards throughout the entire building. Mr. Law asked how will the people be selected to participate in this program and is there already a waiting list? Ms. Root stated selection is on a first-come-first-served basis other than the window of availability to the Campus Evergreen Neighborhood and even then those people will be on a first-come-first-serve basis. What must be done first is to promote the program and at this time she has about 10 people on a mailing list who have applied for funds or expressed an interest in funds under the 1992 Rehab program. Mr. Farr stated during the Operations Committee meeting Ms. Root referenced some similar program funds that went unused because there weren't enough participants. He questioned if that program TAPE #1203 City Council Reg. Mtg. Minutes May 18, 1994 Page 24 of 30 was owner occupied or rental? Ms. Root stated that program is the City's current owner occupied rehab program and there is a significant backlog of unspent funds. Mr. Farr asked if that was due to people not applying at all or applying and then dropping out of the process? Ms. Root stated there had a significant number of applications, but they had only a small number who qualified for loans. That is the reason why the City is not applying for owner occupied funds under the HOME program because of the large amount of unspent funds. Mr. Farr stated he personally hopes this program is very success and is already anticipating Ms. Root coming back requesting additional funds next year. Bremerton is criticized so many times for dilapidated housing and lack of affordable housing. If this program is properly administered to prevent any abuse of its use, it would provide affordable housing to people and give the rest of the population benefit of having the neighborhoods cleaned up. Ms. Root stated that is the intent of both programs. Mr. Colvin questioned if the money paid back on the loans is rotated back into build more houses. Ms. Root stated yes. GordV Byrd asked if someone had to own their own property or could they be looking for a piece of property to be eligible to apply for such a loan? Ms. Root stated a person would have to own the property prior to making application for a loan. Alex Roos complimented Ms. Root on her presentation of this loan program at the Apartment Owners meeting and it was appreciated and in the sort of cooperation that the association likes to get more in dealing with the City Council. He serves on the Housing Committee for the Rental Owners Association and they are always concerned with the improvement and affordability of rental housing in the City and in the County. He did not have much time to review the proposed resolution, but he did have specific remarks about the proposal. Ms. Root identified the Campus Evergreen Neighborhood as having preferential opportunity, however, also in the document it references Neighborhood plans for South Auto Center area and the Harrison Hospital neighborhood. He was somewhat confused as to what that actually means and asked that it be clarified. He questioned how are the specific neighborhood plans created and is there a criteria or plan written of the neighborhood plans that are available for public review? He referenced Rehabilitation Requirements - his concern is meeting all the codes. He agreed with the first paragraph under this section, but had concerns with the second paragraph, which lists all the required code enforcement. He believed those requirements would be putting so many burdens on the proposal to bring a facility up to a 1994 building when they were built in 1920 or 1910 building. He supported bringing a building up to a reasonable standard/liveable code. He urged Council to delete the second paragraph under TAPE #1203 City Council Reg. Mtg. Minutes May 18, 1994 Page 25 of 30 section 5. Rehabilitation Requirement and putting in something like the first paragraph...a reasonable, quality, liveable condition that will hold up for at least 20 years. Ms. Root stated the HOME program requires participating jurisdictions to use their money both effectively and legally. All Federal funds put into new construction or rehabilitation has to conform to prevailing codes. The minimum is Section 8 housingquality standards, which basically say that every residence must have a door on a bathroom along with a sink and toilet and every kitchen will have a stove and a sink, which is pretty minimal for human habitation. HOME requires conformance with prevailing building codes and in the City of Bremerton it is both Housing .Bremerton and the Uniform Building Code. Any structure that is either built, reconstructed or rehabilitated in the City, if that particular scope of work requires a building code, there are no exceptions and the City cannot deviate from that requirement. She understands a great deal of the housing stock in Bremerton is very old and it is difficult at times to comply with current codes. The Northwest Energy Code is the law of the land that can be applied in a minimal way and she felt the City was fairly forgiving in the application to older homes. The American Disability Act (ADA) only applies to a project of four or more units. The project that she has had under the existing rental rehab program has experienced no difficulty at all in the permitting process. Mr. Farr questioned if there was some wording left out that would help in the area of code compliance? He agreed with Mr. Roos and as a rental owner he has undertaken some projects that require building permits and he believes bringing up structures to the existing codes is only in the area being worked on. Ms. Root stated Mr. Farr was correct. The code only requires that you meet code in the area being worked on and any attendant areas that might be affected. The previous concerns by the City Council and others have been that we are perpetuating eyesores by allowing selected units in a rental property to be rehabilitated to code and then neglecting the remainder of the building thereby increasing the life of that building to continue generating income yet remaining a blight on the urban landscape. Mr. Farr stated he has had experience with the Section 8 housing requirements and it does deal with additional requirements such as lead free paint, safety, fire extinguishers, railings, etc., and they are enforced. Ms. Root pointed out the Uniform Building Code is only minimal requirements to keep a structure liveable. Mr. Farr stated he would like to see some change included that indicated limiting requirements are just to the areas where the work is needed. Ms. Root agreed that point needed to be clarified and what they are doing is trying to satisfy two concerns: (1) decent, safe and sanitary housing; (2) perpetuating urban blight; and the objective is to the extent we can mitigate or eliminate urban blight. Don Pratt, Director Of ~2084 TAPE #1203 City Council Reg. Mtg. Minutes May 18, 1994 Page 26 of 30 Community Development, stated there will be an opportunity to draft the program if the grant is approved. The contract for the grant must come back to the City Council for their approval and hopefully by then they will have some wording to recommend. There will be a program handbook developed and he will bring that document to the Council's Operation Committee for their review. In reference to the Campus Evergreen Neighborhood Plan - the City has in an irregular basis looked at specific neighborhoods and developed some specific neighborhood plans. The neighborhoods that have been covered include the Downtown Waterfront Urban Renewal Area, which is the ferry terminal/Marina area; West Hills area in anticipation of annexation activities and utilities in the West Hills; Campus Evergreen, which is the old Smith neighborhood and the high school/college campus area. The City Council has adopted plansin each of those areas. The administration, with Mayor Horton's input has selected the Campus Evergreen as one worthy of receiving attention because of the effort put into that study and because of the large number of residential units in that area as being the first target for this program. That does not include any other areas, especially the next two areas that they are working on - South Auto Center area and Harrison Medical Services' area. M/S/C/U(Law/Colvin) to approve Resolution #2466, approving the proposed grant request, including .the correction identified by Ms. Root as previously stated (pg. 75 of Agenda Packet) 8X - PUBLIC HE]tRINe: AMENDMENTS TO CRITICAL LANDS ORDINANCE, CHAPTER VIII WETLANDS REGULATIONS, #AB94-100 The Growth Management Act has mandated that the City develop "interim" regulations protecting critical areas including wetlands. The Bremerton Critical Lands Ordinance was adopted by the City Council in July of 1993. Since its adoption, planning staff have identified several issues which have prompted requests for amendments to the wetlands section. On April 19, 1994, the Planning Commission held a public hearing and forwarded a recommendation of approval to the City Council. At the hearing, the Commission received written comments from the Washington State Department of Ecology and the Suguamish Tribe. The Commission directed planning staff to consider and incorporate the comments into the ordinance as it is reviewed with the Council's Operations Committee. The Operations's Committee has reviewed the amendments and has forwarded the revisions to the City Council. These amendments. are shown in the ordinance in "highlighted" form, and are further explained in the executive summary. Jack A11ingham, Current Planning Division, stated due to the late TAPE #1203 City Council Reg. Mtg. Minutes May 18, 1994 Page 27 of 30 hour, it is desired to allow public testimony on this issue, to be followed by Council action to continue this hearing to a specific date and time. Thomas C. Gomei, President of Northwest Community Housing Foundation, stated he is speaking as both an advocate of housing in general and proponent of a specific project in east Bremerton on Sylvan Way. The proposal before Council is an attempt to strike a balance between environmental concerns and the need to allow development of land within city limits. In general, he supports the revisions being proposed and provided a letter with one small addition. This allows a graphic opportunity to see the impact of Council decisions as they balance these concerns. Mr. Gomez asked that Council consider allowing fill of class 3 and 4 wetlands, and in actuality it would only be class 3 wetland. In the case of housing development, up.to 50% of fill rather than the 25% of fill that is in the current Planning Commission recommendation. This point was also brought before the Planning Commission and is not a new conversation. This recommended change does not affect water quality nor does it affect significant habitat. He referenced the site next to Pinewood Manor on Sylvan Way being a class 3 wetlands site, which does serve a biological purpose. He asked the City Council to balance that biological purpose with the human purpose, which is housing for seniors. A brief calculation was shown in the letter as to the difference in cost thatwould mean to the group of seniors for whom they are attempting to build this community. In their case those costs are not as great as they might be for other projects due to the land purchase agreement allowing for a reduction in land costs as the number of units are reduced, but the roads, sewers, water, all utilities distribution and most of the development costs are there. by the size of the parcel not the number of units. This is both a particular circumstance that they are asking Council to consider and a question as to how Council strikes a balance for the City as far as environmental concerns and development. He emphasized this is an important set of amendments and he urged Council to pass them. The particular amendment he presented to change the amount of fill allowed for housing that meets the City's housing policy and is consistent with the values he heard expressed during discussions on other Agenda items this evening. Mr. Overson stated he does not support Mr. Gomez's proposed change mostly because he does not think Mr. Gomez's premise is correct. He is saying that additional real estate is not valuable to the owner, yet most people who procure property ask what are the pertinents and secondly how large is the lot. Mr. Gomez stated he would say that was true in general cases of real property, but in the case of senior citizens that is not the case when they are looking at the amount of land they have to maintain. Mr. Overson TAPE #1203 City Council Reg. Mtg. Minutes May 18, 1994 Page 28 of 30 asked if it was legal to restrict sales to just senior citizens? Mr. Gomez stated yes in the case of a complete senior community...the only exclusion allowed under the law. Mr. Overson asked if he felt it would be on into perpetuity? Mr. Gomez stated that will be part of the condominium declarations by which the land is held. #2341 M/S/C/U(Law/Huff-Menees) to table this item until Wednesday, May 25, 1994, 6:00 P.M. or later. #2366 M/S/C/U(Overson/Colvin) to continue this meeting until 10:00 A.M. on May 19, 1994. WEDNESDAY - MAY 19, 1994, 10:15 A.M., the City Council reconvened as part of the Armed Forces Day activities with Council Vice President Morrie Dawkins'chairing the meeting. The 'following U.S. Navy personnel from Puget Sound Naval Shipyard participated in the City Hall Armed Forces Day meeting: SN Lynn Bonnell; MS3 Kevin Hudson; SA Michelle Robinson; SR Michelle Bingham; FN Michele Smith; RF Rachel Conzales; EM1 Michael Gebhart; EM3 Phillip Gladden; SN Dena Peterson; QM2 Robert Marquez; SK1 George Yamzon; MS3 John Cobb; MM1 Scott Hardy; MM1 Terrance Patterson; QMC (SS) James Koker; BT3 Kelly Stillwell; BT2 Kenneth Brown; FN Tammy Hunter; SNAmelia Filiberti; MS2 Keith Thibodeaux; SLNConstanceLorenz; BM3 Alonzo Willjams; MS1 Richard Hoffman; HT1 Brian Daugherty. 6A - APPROVAL OF INITIAL HIRIN~ RATE FOR ROBERT TULP, PUBLIC WORKS OPERATIONS MANAGER, #AB94-096 The Public Works Operations Manager position has been vacated for over four months. Recruitment of candidates for the position of Public Works Operations Manager was conducted in March/April. Twenty applications were received and nine were invited to a personal interview on April 18, 1994. The panel felt Mr. Tulp would make an excellent selection to fill the vacant position. Mr. Tulp has worked for the City of Bremerton for ten years. For the last five years, Mr. Tulp has held the position of Electronics Foreman and has been responsible for the managing of the Electronics Division. Mr. Tulp has also had extensive experience in dealing in contracts with other municipalities. Along with his howledge and experience with the City, Mr. Tulp will be able to bring a great deal of continuity to this critical and much needed position. TAPE #1204 Eddy Chu, Public Works and Utilities Director, referenced the #0304 #1170 TAPE #1204 City Council Reg. Mtg. Minutes May 18, 1994 Page 29 of 30 information stated in the summary statement and urged Council approval. Public comment - none. M/S/C/U(Colvin/Dawkins) to authorize a hiring step of Rate 6 Step 2 ($3,918/month) pursuant to the Management and Professional Staff Salary Plan BMC 2.50,032(a) for Robert Tulp, Public Works Operations Manager, effective May 2, 1994, and approve negotiated contract. 6D - SURPLUS MOTORCYCLES/POLICE DEPARTMENT, ~AB94-098 The Bremerton Police Department owns three Harley Davidson motorcycles that'should be surplussed. They are nolonger used as part of our traffic enforcement. The value of these motorcycles is unknown, but is estimated at $20,000+ for all three. General discussion on this issue included the fact the motorcycles are not currently being used for any thing expect ceremonial events; that having the motorcycles insured would not add extra cost to the City's insurance, but that there is additional liability exposure for the City if the motorcycles were used on a regular basis. Public comment - none. M/S/C/F(Huff-Menees/Colvin) to approve surplussing motorcycles. Vote on motion: In Favor: Huff-Menees, Law, Overson Opposed: Dawkins, Farr, Winters Abstain: Colvin Motion failed. these 7B - ORDINANCE (FIRST READING) AMENDING BUDGET ORDINANCE ANDB.M~C. 2.50 AND 2.22 TO REFLECT TITLE AND SALARY OF HUMAN RESOURCES MANAGER, #AB94-093 Attached is the Classification Specification for the Human Resources Manager and ordinance amending BMC 2.50 and 2.22'. This position will manage the human resources program and services for the City, but is not responsible for negotiating labor contracts. A labor relations consultant will be hired on contract for those services. The Human Resources Manager will provide coordination and research in preparation for labor contract negotiations. A contract for labor relations consultant will be presented at a later date. Mayor Lynn Horton stated her support of this proposal and urged to #1660 TAPE #1204 City Council Reg. Mtg. Minutes May 18, 1994 Page 30 of 30 approve as presented. Public comment - none. M/S/C/U(Overson/Huff-Menees) reading. . to approve ordinance, on first With no further business meeting adjourned at 11:23 A.M. KATHLEEN L. McCLUS City Clerk KLM/EF/me cc: Normal Distribution File/Vault